AGUBE JCA (Delivering the Lead Ruling): These are consolidated motions filed by the appellants and the 1st and 2nd respondents in the appeal against the judgment of the Governorship/Legislative Houses Election Tribunal sitting at Ado Ekiti, Ekiti State delivered on 23 November 2007 which appeal is now pending in this honourable court.
The appellants had challenged the return of the 1st respondent as the duly elected candidate or representative of the Oye Constituency II at the House of Assembly elections held on 14April 2007 in Ekiti State. Dissatisfied with the judgment of the lower tribunal, the appellants filed their notice of appeal with eleven (11) grounds and followed same up with their brief of argument dated 21 December 2007 and filed same date.
By the appellants/applicants’ motion dated 4 January 2008 and filed on 7 January 2008, they seek the order of this court to set down the appeal for hearing on the appellants’ brief of argument alone, the time fixed for the respondents…